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SMARTT v. HENDERSON

No. 18908.

411 F.2d 406 (1969)

Roy Lee SMARTT, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

May 15, 1969.

Attorney(s) appearing for the Case

Roy Lee Smartt in pro. per.

James M. Tharpe, Sp. Counsel, State of Tennessee, Memphis, Tenn., for appellee.

Before McCREE and COMBS, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

Roy Lee Smartt, petitioner-appellant, appeals from an order of the United States District Court for the Western District of Tennessee denying his petition for a writ of habeas corpus. The appellant is serving a fifteen year sentence for armed robbery in the Tennessee penitentiary at Nashville.

Counsel for appellee filed a motion to dismiss the appeal under Rule 8(b) of the rules of this court for the reason that it is manifest that the questions...

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